LADA MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Lada Munda has been convicted under Sec. 302 of the Indian Penal Code and sentenced to suffer imprisonment for life with fine and default stipulations for causing the death of his wife Rubi Murah, aged about 30 years on 09.10. 2011 at around 7.30 A.M. in their own house. The seized instrument of offence is one dry firewood about 1 ft. 4 inch long. Rubi sustained injury on the cranium and spinal canal with fracture of 3rd, 4th, 5th and 6th on the right side of the rib.

(2.) Ejahar (Ext.-1) dated 09.10.2011 was lodged by Thanda Munda (PW-1), who is the brother of the appellant, stating that when he reached home at 8 A.M. after doing night duty, the appellant's son Siba Mura informed him of a quarrel between his father and mother and that his mother (Rubi Mura) had sustained injuries. Thereafter, that his father had taken his mother to the hospital in a pushcart and had returned home again. Upon such information, PW-1 had gone over to the appellant's house to enquire into the matter where he found some members of the Village Defence Party and learnt that Rubi Murah had died. He got an ejahar written and lodged the same with Sonari Police Station. On the basis of the said ejahar, a case was registered as Sonari P.S. Case No. 205/2011 under Sec. 302 Penal Code. Md. Abdul Hannan (PW-7) took charge of the investigation and on the same day visited the place of occurrence. He found the appellant in the house and also found the dead body of a woman lying inside the house. The weapon of offence i.e. firewood was seized in presence of witnesses, on being handed over by the appellant himself. Memos were drawn, the body was sent for post mortem examination, appellant was arrested and statement of witnesses were recorded. In course of investigation, the appellant was forwarded to judicial custody for recording his confessional statement, which the appellant declined to do so. Two other witnesses, namely, Rita Munda (PW-5) and Basani Gowala (PW-3) were also produced before the Court of the Sub-Divisional Judicial Magistrate, Charaideo with prayer for recording their statement under Sec. 164 CrPC. After completion of investigation, Charge Sheet (Ext.-7) was submitted against the appellant under Sec. 302 Penal Code and the case was committed to trial.

(3.) During the trial proceeding, the prosecution examined as many as 8 (eight) witnesses including the Investigating Officer and the Medical Officer. Basani Gowala (PW-3) and Rita Munda (PW-5) deposed as eye-witnesses to the incident. Murali Bhumij (PW-2) and Tarun Rajput (PW-4) stood as seizure witnesses and also deposed that the appellant had confessed before them as regards the quarrel with Rubi and injury inflicted on Rubi with the firewood. PW-2 stated that although the appellant admitted his participation and in dealing blow on Rubi with a firewood, however, that the same was done without the intention to cause death. PW-4 deposed to the extent that he saw a wound in Ruby's chest. Basani Gowala (PW-3) stated that at around 10 O' clock on the day of the incident she was splitting firewood in front of her house. She heard the appellant asking his wife Rubi to come outside to split firewood. When Rubi came outside, she saw the appellant assaulting his wife and continuing to do so while taking Rubi inside the house. About half-an-hour later she saw the appellant bringing a pushcart and taking his wife Rubi to Jabaka Garden Hospital. She also stated that when Police arrived, her statement was taken and she was also sent to the Court for recording her statement. Rita Munda (PW-5) deposed that her house is located adjacent to the appellant's house. On the day of the incident, she was at home and at around 8 O' clock when she was outside the house a quarrel had taken place between the appellant and Rubi. The appellant assaulted Rubi with a firewood and thereafter they entered inside the house. A little later, the appellant took Rubi to the hospital in a pushcart and returned home with the dead body of Rubi. Upon arrival of the Police, she was taken to Sonari Court and her statement was recorded.